Beyond Real and Substantial Connection: The Muscutt Quintet

2002 Annual Review of Civil Justice, Second Ed., pp. 61-92, 2003

18 Pages Posted: 20 Oct 2009

See all articles by Janet Walker

Janet Walker

York University - Osgoode Hall Law School

Date Written: September 17, 2002

Abstract

In five companion cases (the "Muscutt Quintet) the Court of Appeal for Ontario established an 8-factor test to determine basic jurisdiction over cases involving non-consenting defendants served outside the forum. This paper provides a critical analysis of the steps leading up to this decision and the role that this decision might play in the evolution of judicial jurisdiction.

Keywords: judicial jurisdiction, Constitution, international litigation

JEL Classification: K41, K33

Suggested Citation

Walker, Janet, Beyond Real and Substantial Connection: The Muscutt Quintet (September 17, 2002). 2002 Annual Review of Civil Justice, Second Ed., pp. 61-92, 2003, Available at SSRN: https://ssrn.com/abstract=1490415

Janet Walker (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

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